Prosecutor's office won't give opinion on job for Polivka's mom

Commissioner Daniel Polivka abstained from voting when his mother was hired in June.
By ED RUNYAN
VINDICATOR TRUMBULL STAFF
WARREN -- The Trumbull County Prosecutor's Office says it will not give an opinion on whether Commissioner Daniel Polivka's mother can work for a county agency while serving as a precinct committee person.
Prosecutor Dennis Watkins said his office would need to receive a formal request from a county official -- because the county is her employer -- before researching the issue and giving a legal opinion.
In September, Donna G. Polivka was hired to a permanent full-time position working in the county Job and Family Services Department as a receptionist, making about $10.50 an hour.
Got the job
JFS Director Tom Mahoney said she applied for the position and was hired after working during the summer as an intern in the senior citizen division. Because of her summer position, county officials said, the commissioners did not have to vote on her hiring for the permanent position.
Commissioners did, however, vote in June to hire her for the internship. Polivka abstained from voting at that time.
Also in September, Donna Polivka was appointed by the Trumbull County Democratic Party to a position as a central committee member representing precinct 3M in Warren.
James Misocky, assistant Trumbull County prosecutor, said this week a state law is designed to prohibit public employees from taking part in political activities such as running for office. He said the law would, for example, prohibit a government worker from running for election against his boss.
Misocky said he and Jason Earnhart, another assistant prosecutor who advises the county commissioners, would need to look at the specific situation to be able to advise whether Donna Polivka can work for the county and hold the precinct committee position. He also said he could not answer whether the commissioners need to vote to hire her to the permanent position.
Similar case
Watkins said there was a similar case in Niles in which a county maintenance worker was fired for partisan political activity. Richard Marino was 1st Ward councilman in Niles while working as a county maintenance worker. He was fired by county commissioners in May 1984, Vindicator files show.
Watkins said the Marino case is similar to Donna Polivka's situation in that it involved a county employee involved in partisan political activity. He said it is uncertain whether the cases would have the same outcome, however, because he does not know whether her position is classified.
Earnhart said it is not clear to him whether her position is classified, either.
James Keating, county human resources director, would not comment on whether it's a classified position -- leaving the matter to the prosecutors.
In another case, Edward Pompili Sr. resigned as a precinct committeeman in March 2003. He was a Democratic committeeman in Precinct 4C in Hubbard and a classified employee in the Hubbard sewage treatment plant.
runyan@vindy.com